§ 325 — Grounds for removal

New York § 325

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 3: Jurisdiction and Service, Appearance and Choice of Court

Text

§ 325. Grounds for removal. (a) By supreme court for mistake in\nchoice of court. Where a mistake was made in the choice of the court in\nwhich an action is commenced, the supreme court, upon motion, may remove\nthe action to the proper court, upon such terms as may be just.\n (b) From court of limited jurisdiction. Where it appears that the\ncourt in which an action is pending does not have jurisdiction to grant\nthe relief to which the parties are entitled, a court having such\njurisdiction may remove the action to itself upon motion. A waiver of\njury trial in the first court is inoperative after the removal.\n (c) On consent to court of limited jurisdiction. Where it appears that\nthe amount of damages sustained are less than demanded, and a lower\ncourt would have had jurisdiction of the action but for the amount of\ndamages demanded, the court in which an action is pending may remove it\nto the lower court upon reduction of the amount of damages demanded to a\nsum within the jurisdictional limits of the lower court and upon consent\nof all parties to the action other than a defendant who has interposed\nno counterclaim and over whom the lower court would have had\njurisdiction if the action had originally been commenced there. A waiver\nof jury trial in the first court is inoperative after the removal.\n (d) Without consent to court of limited jurisdiction. The appellate\ndivision, if it determines that the calendar conditions in a lower court\nso permit, may by rule provide that a court in which an action is\npending may, in its discretion, remove such action without consent to\nsuch lower court where it appears that the amount of damages sustained\nmay be less than demanded, and the lower court would have had\njurisdiction but for the amount of damages demanded. If the action is so\nremoved, then the verdict or judgment shall be subject to the limitation\nof monetary jurisdiction of the court in which the action was originally\ncommenced and shall be lawful to the extent of the amount demanded\nwithin such limitation. A waiver of jury trial in the first court is\ninoperative after the removal.\n (e) From supreme court to surrogate's court where decedent's estate\naffected. Where an action pending in the supreme court affects the\nadministration of a decedent's estate which is within the jurisdiction\nof the surrogate's court, the supreme court, upon motion, may remove the\naction to such surrogate's court upon the prior order of the surrogate's\ncourt. The right of jury trial shall be preserved in the subsequent\nproceedings.\n (f) To supreme court where county judge incapacitated. Where a county\njudge is incapable of acting in an action pending in the county court,\nthe supreme court may remove the action to itself. An objection to\njurisdiction that might have been taken in the county court may be taken\nin the supreme court after the removal.\n (g) From one local court to another. Where it is unlikely that an\naction or proceeding pending in a district court, town court, village\ncourt or city court will be disposed of within a reasonable period of\ntime because of (i) death, disability or other incapacity or\ndisqualification of all the judges of such court, or (ii) inability of\nsuch court to form a jury in such action or proceeding, a judge of the\ncounty court of the county in which such lower court is located, may,\nupon motion of any party to such action or proceeding, order that it be\ntransferred for disposition by the lower court to any other district\ncourt, town court, village court or city court in the same or an\nadjoining county, provided that such other court has jurisdiction of the\nsubject matter of the action or proceeding and jurisdiction over the\nclasses of persons named as parties.\n